CONTRACTS - CONSIDERATION- REQUIREMENT OF CONSIDERATION FOR MODIFICATION OF A CONTRACT

Authors

David Macdonald, University of Michigan Law SchoolFollow

Abstract

Landlord leased space to tenant in a building which was to be erected. The agreement and subsequent modifications pro- . vided that the landlord should pay the broker's commission and architect's fees, and have the power to cancel the lease prior to a specified time. The litigation arose over another attempted modification in the form of a letter from the tenant in which the tenant promised to indemnify the landlord for the broker's commission and architect's fees if the landlord should cancel the lease as it had the power to do under the agreement. In compliance with the tenant's request, the landlord signed an acceptance of the letter, which stated that the letter should constitute a binding agreement. The landlord subsequently cancelled the lease, but the tenant refused to reimburse the landlord for the expenses, on the grounds that there was no consideration for the tenant's promises. On suit by the landlord to enforce the modification, held, a promise to modify a valid executory contract requires no additional consideration to be binding. Mid-Century, Ltd., of America v. United Cigar-Whelan Stores Corp., (D.C. D.C. 1953) 109 F. Supp. 433.

Recommended Citation

David Macdonald, CONTRACTS - CONSIDERATION- REQUIREMENT OF CONSIDERATION FOR MODIFICATION OF A CONTRACT, 52 Mich. L. Rev. 909 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss6/12